CHAPTER 1033. GRAPELAND HOSPITAL DISTRICT OF HOUSTON COUNTY, TEXAS
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1033. GRAPELAND HOSPITAL DISTRICT
OF HOUSTON COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1033.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Grapeland Hospital District of Houston
County, Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.002. AUTHORITY FOR CREATION. The district is created
under the authority of Section 9, Article IX, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.003. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of the Grapeland
Independent School District as those boundaries existed on May
26, 1971.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district's
hospital system and any indebtedness incurred by the district
under this chapter may not become a charge against or obligation
of this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE. The
legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1033.051. BOARD ELECTION; TERM. (a) The board consists of
seven directors elected from the district at large.
(b) Directors serve staggered two-year terms unless four-year
terms are established under Section 285.081, Health and Safety
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.052. QUALIFICATIONS FOR OFFICE. To qualify for
election to the board, a person must:
(1) be at least 18 years of age;
(2) have been a district resident for at least two years; and
(3) be a qualified property taxpaying voter of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION OF
OFFICE. (a) Each director shall qualify for office by executing
a good and sufficient commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the director's
duties.
(b) The district shall pay for a director's bond.
(c) Each director's bond and constitutional oath or affirmation
of office shall be deposited with the district's depository for
safekeeping.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.015, eff. September 1, 2009.
Sec. 1033.054. BOARD VACANCY. If a vacancy occurs in the office
of director, a majority of the directors shall appoint a director
for the unexpired term.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.055. OFFICERS. The board shall elect from among its
members a president, a secretary, and a treasurer at the first
meeting after each directors' election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.056. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for
necessary expenses incurred in the performance of official
duties.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.057. DISTRICT ADMINISTRATOR. (a) The board may
employ a district administrator to manage the operations of the
hospital system.
(b) The district administrator may employ necessary personnel to
perform the services provided by the hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.058. EMPLOYEES; APPOINTMENT AND DISMISSAL OF STAFF.
(a) The board may appoint to or dismiss from the staff any
doctors the board considers necessary for the efficient operation
of the district and make temporary appointments as necessary.
(b) The board may employ an attorney, general manager,
bookkeeper, architect, and other employees necessary for the
efficient operation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. The
board shall:
(1) maintain all district records, including books, accounts,
notices, minutes, and other matters of the district and the
district's operation at the district office; and
(2) make those records available for public inspection at
reasonable times.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1033.101. DISTRICT RESPONSIBILITY. The district shall
provide all necessary medical and hospital care for the
district's needy inhabitants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND
DEBT. A political subdivision of this state, other than the
district, may not impose a tax or issue bonds or other
obligations to provide hospital service or medical care in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.103. MANAGEMENT AND CONTROL OF DISTRICT. The board
has full power to manage and control the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.104. HOSPITAL SYSTEM. The district has the
responsibility to establish a hospital or hospital system within
its boundaries to provide hospital and medical care to the
district's residents.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.105. RULES. (a) The board shall adopt rules for the
efficient operation of the district, including district
facilities.
(b) The board shall:
(1) publish the rules in book form; and
(2) provide copies to interested persons on request at district
expense.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.106. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe the method of making purchases and expenditures and
the manner of accounting and control used by the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.107. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire a fee simple or other
interest in real, personal, or mixed property located in district
territory if the interest is necessary or convenient for the
district to exercise a power or duty conferred on the district by
this chapter.
(b) The district must exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code, except that the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding, the district is not required
to:
(1) pay in advance or provide a bond or other security for costs
in the trial court; or
(2) provide a bond for costs or a supersedeas bond on an appeal
or writ of error.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.108. GIFTS AND ENDOWMENTS. The board may accept for
the district a gift or endowment to be held in trust and
administered by the board under the directions, limitations, or
other provisions prescribed in writing by the donor that are not
inconsistent with the proper management of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR
HOSPITAL CARE. The board may contract with a political
subdivision to provide hospital care for needy persons who reside
outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) A person
who resides in the district is entitled to receive necessary
medical and hospital care from the district regardless of whether
the person has the ability to pay for the care and may apply to
receive this care without cost.
(b) The board or the district administrator shall employ a
person to investigate the ability of the patient and any relative
who is liable for the patient's support to pay for the medical
and hospital care received by the patient.
(c) If the investigator determines that the patient or relative
legally liable for the patient's support cannot pay all or part
of the costs of the patient's care, the expense of the care
becomes a charge against the district.
(d) If the patient or a relative of the patient legally liable
for the patient's support can pay for all or part of the costs of
the patient's care, the board shall order the patient or relative
to pay to the treasurer each week an amount specified in the
order. The amount must be proportionate to the person's ability
to pay.
(e) The district may collect the amount from the patient's
estate, or from any relative who is liable for the patient's
support, in the manner provided by law for the collection of
expenses of the last illness of a deceased person.
(f) If there is a dispute as to the ability to pay, or doubt in
the mind of the investigator, the board shall hold a hearing and,
after calling witnesses, shall:
(1) determine the question; and
(2) make the proper order based on the board's findings.
(g) A party to the hearing who is not satisfied with the result
of the order may appeal to the district court. The appeal is de
novo.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1033.151. BUDGET. The board shall prepare a budget that
includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections for the next fiscal year;
and
(3) the amount of taxes required to be imposed to meet the
proposed budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.152. PROPOSED BUDGET; NOTICE AND HEARING. (a) The
board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in a
newspaper of general circulation in the district not later than
the 11th day before the date of the hearing.
(c) Any person is entitled to:
(1) appear at the hearing; and
(2) be heard regarding any item in the proposed budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.153. FISCAL YEAR. The district's fiscal year is from
October 1 to September 30.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.154. ANNUAL AUDIT. (a) The board annually shall
require an independent audit of the district's books and records.
(b) Not later than December 1 of each year, the board shall file
a copy of the audit with:
(1) the comptroller; and
(2) the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.155. DEPOSITORY. (a) The board by resolution shall
designate a bank in Houston County as the district's depository.
A designated bank serves for two years and until a successor is
designated.
(b) All district money shall be deposited in the depository and
secured in the manner provided for securing county funds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 1033.201. BONDS. The district may issue bonds to:
(1) purchase, construct, acquire, repair, or renovate buildings
or improvements; and
(2) equip buildings for hospital purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.202. TAX TO PAY BONDS. The board may issue bonds
under Section 1033.201 only if the board imposes an ad valorem
tax at a rate sufficient to create an interest and sinking fund
to pay the principal of and interest on the bonds as the bonds
mature.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.203. BOND ELECTION. (a) The board may issue bonds
under Section 1033.201 only if the bonds are authorized by a
majority of district voters voting in an election held for that
purpose. The total face value of the bonds may not exceed the
amount specified in the election order.
(b) The board may order a bond election at any time.
(c) The order calling an election must include:
(1) the time of the election;
(2) the location of the polling places;
(3) the form of the ballots;
(4) the presiding judge for each polling place;
(5) the purpose of the bond issuance;
(6) the amount of the bonds to be authorized;
(7) the maximum interest rate of the bonds; and
(8) the maximum maturity of the bonds.
(d) A substantial copy of the election order shall be published
in a newspaper of general circulation in the district once a week
for two consecutive weeks before the date of the election. The
first notice must be published not later than the 15th day before
the date of the election.
(e) A copy of the election results must be filed with the county
clerk and become a public record.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.204. MATURITY OF BONDS. District bonds must mature
not later than 40 years after the date of issuance.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.205. EXECUTION OF BONDS. (a) The board president
shall execute the district's bonds in the district's name.
(b) The board secretary shall countersign the bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER F. TAXES
Sec. 1033.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used only to:
(1) pay the interest on and create a sinking fund for bonds
issued under this chapter;
(2) provide for the operation and maintenance of the district
and the hospital system;
(3) make improvements and additions to the hospital system; and
(4) acquire sites for additions to the hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.252. TAX RATE. The board may impose the tax at a rate
not to exceed 75 cents on each $100 valuation of all taxable
property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.253. TAX ASSESSOR AND COLLECTOR. The tax
assessor-collector of Houston County shall collect taxes for the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER G. DISSOLUTION
Sec. 1033.301. DISSOLUTION; ELECTION. (a) The district may be
dissolved as provided by this subchapter.
(b) The board may order an election on the question of
dissolving the district and transferring the district's assets
and obligations to a governmental entity in Houston County as
specified in the election order.
(c) The board shall order an election if the board receives a
petition requesting an election that is signed by at least 20
percent of the registered voters in the district.
(d) The order calling the election must designate the
governmental entity in Houston County to which the district's
assets and obligations will be transferred.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.302. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Grapeland Hospital District
and the transfer of the existing district assets to and the
assumption of debts and bond obligations by ________ (name of
governmental entity as specified in the election order)."
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.303. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution and
transfer of the district's assets and obligations, the board
shall:
(1) declare that the district is dissolved; and
(2) transfer the district's assets and obligations to a
governmental entity as provided by Section 1033.304.
(b) If a majority of the votes in the election do not favor
dissolution and transfer of the district's assets and
obligations, the board shall continue to administer the district
and another election on the question of dissolution may not be
held before the first anniversary of the date of the most recent
election to dissolve the district and transfer the district's
assets and obligations.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1033.304. TRANSFER OF DISTRICT ASSETS. (a) If a majority
of the votes in the election favor dissolution and transfer of
the district's assets and obligations, the board shall transfer
to the governmental entity specified in the election order the
land, buildings, improvements, equipment, and other assets that
belong to the district.
(b) The governmental entity assumes all debts and obligations of
the district at the time of the transfer.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.